The Violence Project Database of Mass Shootings in the United States, 1966–2019 Jillian K
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A History of the Law of Assisted Dying in the United States
SMU Law Review Volume 73 Issue 1 Article 8 2020 A History of the Law of Assisted Dying in the United States Alan Meisel University of Pittsburgh, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Health Law and Policy Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Alan Meisel, A History of the Law of Assisted Dying in the United States, 73 SMU L. REV. 119 (2020) https://scholar.smu.edu/smulr/vol73/iss1/8 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. A HISTORY OF THE LAW O F ASSISTED DYING IN THE UNITED STATES Alan Meisel* TABLE OF CONTENTS I. INTRODUCTION ........................................ 120 II. TERMINOLOGY ........................................ 120 III. HISTORY OF THE LAW OF CRIMINAL HOMICIDE . 123 A. THE LAW S O F SUICIDE AND ATTEMPTED SUICIDE ..... 124 B. THE LAW O F ASSISTED SUICIDE ....................... 125 IV. THE MODERN AMERICAN LAWS OF HOMICIDE, SUICIDE, ATTEMPTED SUICIDE, AND ASSISTED SUICIDE ................................................. 125 V. EUTHANASIA AND ASSISTED SUICIDE FOR THE TERMINALLY ILL ...................................... 127 A. NINETEENTH AND EARLY TWENTIETH CENTURY ...... 127 B. THE RENEWAL OF THE DEBATE, POST-WORLD WAR II ............................................... 129 C. THE EFFECT OF MEDICAL TECHNOLOGY AND THE “RIGHT TO DIE” ...................................... 130 D. THE “RIGHT TO DIE” AS A TRANSITIONAL STAGE TO ACTIVELY HASTENING DEATH ........................ 132 VI. THE GULF BETWEEN THEORY AND PRACTICE . 135 A. PROSECUTION OF LAY PEOPLE ....................... -
Felony Murder -- Homicide by Fright David A
NORTH CAROLINA LAW REVIEW Volume 44 | Number 3 Article 16 4-1-1966 Criminal Law -- Felony Murder -- Homicide by Fright David A. Irvin Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation David A. Irvin, Criminal Law -- Felony Murder -- Homicide by Fright, 44 N.C. L. Rev. 844 (1966). Available at: http://scholarship.law.unc.edu/nclr/vol44/iss3/16 This Note is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. NORTH CAROLINA LAW REVIEW [Vol. 44 Criminal Law-Felony Murder-Homicide by Fright X, in committing armed robbery of a tavern, fires a warning shot into the ceiling to show he means business. Y, a customer in the tavern and one of the intended victims, has a heart attack and dies. May X be convicted of first degree murder? In State v. McKeiver,1 a New Jersey Superior Court, applying its felony- murder statute,2 held that this situation was sufficient to support an indictment for first degree murder. This note will attempt to examine the felony-murder rule, its purpose and the validity of this extended application. At common law the felony-murder rule was simply that a homi- cide resulting from the perpetration or attempted perpetration of a felony was designated as murder.' Today, the rule, as generally codified in this country, is that a murder4 committed in the perpetra- tion or the attempted perpetration of one of the "dangerous" felonies5 designated by statute is a first degree offense.' There are '89 N.J. -
Ending Police-Only Responses to Mental Health 911 Calls
Dispatch Triage, Alternative Responders and Co-Response: Ending Police-Only Responses To Mental Health 911 Calls Communities United Against Police Brutality Dispatch Triage, Alternative Responders, and Co-Response: Ending Police-Only Responses to Mental Health 911 Calls Communities United Against Police Brutality Cover art, tables and graphics designed by Abigail Grewenow This white paper is dedicated to Archer Amorosi, Benjamin Evans, Kobe Heisler, Travis Jordan, Keaton Larson, Phil Quinn and others who lost their lives at the hands of law enforcement during a mental health crisis. With deep appreciation to the volunteers who spent many hours researching, writing, editing and reviewing this white paper. Our goal is to end the practice of police-only contacts for people in mental health crisis through presenting evidence and practical information to enable the necessary changes. We believe we have achieved this goal. --Volunteers with the Mental Health Working Group of Communities United Against Police Brutality August 2020 As someone who’s been a mental health practitioner for over 35 years, I cannot recommend this position paper strongly enough. Individuals and our society at large are still suffering from the broken promises of the mental health system’s de-institutionalization process that began in the 1980s and has flooded our streets, our prisons, and our homes with people who cannot access the mental health care they desperately need. Then, when these people with chronic mental health challenges are in their most desperate moments of crisis, their need is often met with a visit from the police, which further threatens their life and their well-being. -
Criminal Law - Felony-Murder - Killing of Co- Felon William L
Louisiana Law Review Volume 16 | Number 4 A Symposium on Legislation June 1956 Criminal Law - Felony-Murder - Killing of Co- Felon William L. McLeod Jr. Repository Citation William L. McLeod Jr., Criminal Law - Felony-Murder - Killing of Co-Felon, 16 La. L. Rev. (1956) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol16/iss4/21 This Note is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. LOUISIANA LAW REVIEW [Vol. XVI Orleans is denied constitutional jurisdiction to establish paternity in civil cases as well as in prosecutions under R.S. 14:74 by the present decision, a constitutional amendment will be neces- sary if it is desired that the juvenile court exercise jurisdiction over such cases.24 Regardless of whether an adequate civil rem- edy is provided or the criminal procedure is revised to meet the Supreme Court's objection, it is important that some procedure be made available to impose the burden of supporting the illegitimate offspring of known fathers on those parents rather than on a welfare agency of the state. Jack Brittain CRIMINAL LAW - FELONY-MURDER - KILLING OF CO-FELON In the retreat from a store at which they had committed armed robbery, two felons were pursued by the proprietor, who fatally shot one of them. The surviving felon was indicted under the felony-murder statute. The lower court sustained the de- fendant's demurrer to the evidence, and the Commonwealth ap- pealed. -
Chapter 11: Homicide
Chapter 11: Homicide Chapter Overview: Chapter eleven discusses the fourth category of crime against the person, criminal homicide. This is considered to be the most serious of all criminal offenses. There are four different types of homicide: justifiable homicide, excusable homicide, murder, and manslaughter. Criminal homicide is divided into murder and manslaughter, with the distinction being the presence or lack of malice. Murder can include a broad group of crimes, such as depraved heart murders, which is a killing caused by an extreme level of negligence on the part of perpetrator, and felony murder, which is killing that takes place during the course of another felony crime. There are also separate distinctions within the terms murder and manslaughter that serve to identify different levels of crime. Manslaughter is divided into voluntary and involuntary manslaughter. Voluntary manslaughter involved a heat-of-the-moment decision made without malice. Involuntary manslaughter results from a criminal degree of negligence and in some states, like Florida, can also include categories like vehicular manslaughter. Murder is also divided into two categories: first-degree murder and second-degree murder. The distinction between the two that makes first-degree murder the most serious is that it includes premeditation and deliberation. This means that the perpetrator took time to consider his or her decision to commit the act for some length of time prior to the murder. This chapter also addresses important questions such as when human life begins and ends. Due the limits of medical science, common law utilized the rule that a person could not be criminally responsible for the murder of a fetus unless the child is born alive. -
Proceedings of the Homicide Research Working Group Meetings, 1997 and 1998
T O EN F J TM U R ST U.S. Department of Justice A I P C E E D B O J C S F A V Office of Justice Programs F M O I N A C I J S R E BJ G O OJJ DP O F PR National Institute of Justice JUSTICE National Institute of Justice Research Forum Proceedings of the Homicide Research Working Group Meetings, 1997 and 1998 1997: Policy, Practice, and Homicide Research 1998: Bridging the Gaps: Collaborations on Lethal Violence Research, Theory, and Prevention Policy U.S. Department of Justice Office of Justice Programs 810 Seventh Street N.W. Washington, DC 20531 Janet Reno Attorney General Raymond C. Fisher Associate Attorney General Laurie Robinson Assistant Attorney General Noël Brennan Deputy Assistant Attorney General Jeremy Travis Director, National Institute of Justice Office of Justice Programs National Institute of Justice World Wide Web Site World Wide Web Site http://www.ojp.usdoj.gov http://www.ojp.usdoj.gov/nij Proceedings of the Homicide Research Working Group Meetings, 1997 and 1998 May 1999 NCJ 175709 Jeremy Travis Director Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime. Table of Contents 1997: Policy, Practice, and Homicide Research......................................1 Discussion 1997 Keynote Kick-Off: What Works? David Kennedy...............................................................3 Building Bridges Between Research and Practice: Youth Violence Prevention Rich Rosenfeld and Troy Miles Anthony Braga, David Kennedy, and Tito Whittington Don Faggiani and Colleen McLaughlin.............................................4 Bridging the Gaps for the Virginia “Cradle-to-Grave” Homicide Project Colleen R. -
FELON's RESPONSIBILITY for the LETHAL ACTS of OTHERS Norval Morris T
[Vol. 105 THE FELON'S RESPONSIBILITY FOR THE LETHAL ACTS OF OTHERS Norval Morris t Far from shrinking under protracted criticism, the felony-murder rule has recently demonstrated a tendency to expand. In particular, courts in Pennsylvania and California have greatly extended the scope of this doctrine. Though their purpose of deterring the commission of certain felonies is commendable, the means selected appears to be socially unwise and is based on reasoning not free from substantial analytic and historical errors. Throughout the Anglo-American system of criminal justice, those who engage in certain felonies and kill the subject of their felonious designs, or those who kill while forcibly resisting lawful arrest, may be convicted of murder. Where, however, death is caused by the retaliatory or defensive action of a victim of an intended felony, or by a police officer or other person assisting him, the criminal responsibility of the felon for that death is less clear. In such circumstances an innocent bystander, a policeman or one of the felons may be killed by an act of justified resistance to the felony or by an act intended to prevent the criminal's escape. Are the felons, by virtue of their felony, murderers? Likewise, if during the course of a felony one of the felons from extraneous motives kills one of his fellow conspirators, the criminal liability of the surviving conspirators, other than the actual killer, is uncertain. Decisions in Pennsylvania and California have held the surviving felons guilty of murder in the first degree in all the above situations. It is proposed to review these cases, to search out the suggested basis of liability, and to urge the repudiation of this extension of the felony- murder rule. -
Chapter 200 - Crimes Against the Person
CHAPTER 200 - CRIMES AGAINST THE PERSON HOMICIDE SECTION 200.010 “Murder” defined. SECTION 200.020 Malice: Express and implied defined. SECTION 200.035 Circumstances mitigating first degree murder. SECTION 200.040 “Manslaughter” defined. SECTION 200.050 “Voluntary manslaughter” defined. SECTION 200.060 When killing punished as murder. SECTION 200.070 “Involuntary manslaughter” defined. SECTION 200.080 Punishment for voluntary manslaughter. SECTION 200.090 Punishment for involuntary manslaughter. SECTION 200.120 “Justifiable homicide” defined. SECTION 200.130 Bare fear insufficient to justify killing; reasonable fear required. SECTION 200.140 Justifiable homicide by public officer. SECTION 200.150 Justifiable or excusable homicide. SECTION 200.160 Additional cases of justifiable homicide. SECTION 200.180 Excusable homicide by misadventure. SECTION 200.190 Justifiable or excusable homicide not punishable. SECTION 200.200 Killing in self-defense. SECTION 200.210 Killing of unborn quick child; penalty. SECTION 200.240 Owner of animal that kills human being guilty of manslaughter under certain circumstances; penalty. SECTION 200.260 Death resulting from unlawful manufacture or storage of explosives; penalty. BODILY INJURY SECTION 200.275 Justifiable infliction or threat of bodily injury not punishable. MAYHEM SECTION 200.280 Definition; penalty. SECTION 200.290 Instrument or manner of inflicting injury immaterial. SECTION 200.300 Injury not resulting in permanent injury; defendant may be convicted of assault. KIDNAPPING SECTION 200.310 Degrees. SECTION 200.320 Kidnapping in first degree: Penalties. SECTION 200.330 Kidnapping in second degree: Penalties. SECTION 200.340 Penalty for aiding or abetting. SECTION 200.350 Where proceedings may be instituted; consent is not defense. SECTION 200.357 Law enforcement officer required to take child into protective custody if child in danger of being removed from jurisdiction. -
KM Thesis-Master 20160925-Final
The Construction of the Gang in British Columbia: Mafioso, Gangster, or Thug? An Examination of the Uniqueness of the BC Gangster Phenomenon By Keiron McConnell M.Sc. Public Order Policing, Leicester University, 2004 B.G.S., Open University of BC, 2002 Thesis Submitted in Partial Fulfilment of the Requirements for the Degree of Doctor of Policing, Security and Community Safety John Grieve Centre Faculty of Social Sciences and Humanities © Keiron McConnell 2015 London Metropolitan University September 2015 Abstract This thesis explores the structure, demographics, and history of gangs in British Columbia (BC), Canada, through a social constructionist lens. The purpose of this research is for the reader to consider the current state of gangs in BC as inherently different from other places in the world, to assist in understanding why there may be misconceptions, and to promote the research and implementation of more appropriate context-specific interventions. Building on previous work conducted as a Vancouver Police officer of over 27 years, I participated in field observations with gang units in Toronto and Hobbema, Canada; Chicago and Los Angeles, USA; and London, England. I also examined gang typologies and definitions in academic literature as a segment of the historical context of gang research and highlight how these bodies of literature contribute to the social construction of gangs. A historical review of media-reported gang violence in BC from 1903 to 2012 demonstrates that gang violence is not a new phenomenon, and its history is an essential element in the constructed concept of the gang. As well, I conducted semi-structured interviews with participants who either police gangs, work with gangs, or were former gang members to get their perspectives on the issue. -
Firearm Justifiable Homicides and Non-Fatal Self-Defense Gun Use
JULY 2019 Firearm Justifiable Homicides and Non-Fatal Self-Defense Gun Use An Analysis of Federal Bureau of Investigation and National Crime Victimization Survey Data WWW.VPC.ORG FIREARM JUSTIFIABLE HOMICIDES AND NON-FATAL SELF-DEFENSE GUN USE VIOLENCE POLICY CENTER | 1 COPYRIGHT AND ACKNOWLEDGMENTS Copyright © July 2019 Violence Policy Center The Violence Policy Center (VPC) is a national nonprofit educational organization that conducts research and public education on violence in America and provides information and analysis to policymakers, journalists, advocates, and the general public. For a complete list of VPC publications with document links, please visit http://www.vpc.org/publications/. To learn more about the Violence Policy Center, or to make a tax-deductible contribution to help support our work, please visit www.vpc.org. 2 | VIOLENCE POLICY CENTER FIREARM JUSTIFIABLE HOMICIDES AND NON-FATAL SELF-DEFENSE GUN USE INTRODUCTION Guns are rarely used to kill criminals or stop crimes. In 2016, across the nation there were only 274 justifiable homicides1 involving a private citizen using a firearm reported to the Federal Bureau of Investigation’s Uniform Crime Reporting (UCR) Program as detailed in its Supplementary Homicide Report (SHR).2 That same year, there were 10,341 criminal gun homicides tallied in the SHR. In 2016, for every justifiable homicide in the United States involving a gun, guns were used in 37 criminal homicides.3 And this ratio, of course, does not take into account the tens of thousands of lives ended in gun suicides or unintentional shootings that year.4 This report analyzes, on both the national and state levels, the use of firearms in justifiable homicides. -
The Felony-Murder Rule: in Search of a Viable Doctrine
The Catholic Lawyer Volume 23 Number 2 Volume 23, Spring 1978, Number 2 Article 8 The Felony-Murder Rule: In Search of A Viable Doctrine Jeanne Hall Seibold Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Criminal Law Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE FELONY-MURDER RULE: IN SEARCH OF A VIABLE DOCTRINE* INTRODUCTION When a homicide has occurred during the perpetration of a felony, the felony-murder doctrine recognizes the intent to commit the underlying felony as a substitute for the mens rea normally required to support a murder conviction.' As a result of widespread recognition of the harshness * This article is a student work prepared by Jeanne Hall Seibold, a member of the St. Thomas More Institute for Legal Research. Under the felony-murder doctrine, the mens rea is established by proof of intent to commit the underlying felony, on a theory of constructive intent. When first applied in England, "constructive malice" was applied to all killing resulting from the commission of any unlaw- ful act. E. COKE, THIRD INSTITUTE 56 (6th ed. 1680). Foster dictated that the unlawful act must be a felony. M. FOSTER, CROWN LAW 258 (2d ed. 1791). See 4 W. BLACKSTONE, COMMENTARIES 192-93 [hereinafter cited as BLACKSTONE], in which the author restated the rule: [W]hen an involuntary killing happens in consequence of an unlawful act, it will be either murder or manslaughter . -
Homicide Survey: Glossary of Terms
Homicide Survey Glossary of terms Accused An accused person is someone against whom enough information exists to lay a charge in connection with a homicide incident. Gang-related homicide Gang-related homicides are those reported by police to occur as a consequence of activities involving an organized crime group or street gang. Homicide A homicide occurs when a person directly or indirectly, by any means, causes the death of a human being. Homicide is either culpable (murder, manslaughter or infanticide) or non-culpable (not an offence and, therefore, not included in the Homicide Survey). Deaths caused by criminal negligence, suicide and accidental or justifiable homicide (e.g. self-defence) are not included. Homicide count The homicide count reflects the number of homicide victims that become known to police and subsequently reported to the Homicide Survey in a given year. Since some homicides become known to police long after they occur, there are generally a few homicides included in a given year’s total that occurred in previous years. Homicide rate This technique standardizes data to permit comparisons over time and for different population sizes. The homicide rate is based on the number of victims per 100,000 population. Incident An incident is defined as the occurrence of one (or more) criminal offence(s) during one single, distinct event, regardless of the number of victims. If there are multiple victims or multiple accused persons, the offences must occur at the same location and at the same time if they are to be included within the same incident. The incident count will normally be lower than the victim count due to incidents involving multiple victims.